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Item U3 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: Mav 15. 2002 Division: Growth Management Bulk Item; Yes No~ Department: Planning AGENDA ITEM WORDING: The second of two public hearings to consider an ordinance amending Section 9.5-247 (Commercial Fishing Special Districts) Momoe County Code, to permit public wastewater treatment facilities as a major conditional use. ITEM BACKGROUND: The Planning Department is proposing an amendment to Section 9.5-247 of the Momoe County Land Development Regulations. The amendment adds language to permit, as a minor conditional use, the construction of wastewater treatment facilities and wastewater treatment collection systems intended to serve uses in the same and/or other land use districts. The affected land use district is Commercial Fishing Special Districts. Currently, wastewater treatment facilities are accessory uses and must serve a principal use located on the same parcel of land and in the same land use district. The new amendment permits wastewater treatment facilities and wastewater treatment collection system(s) serving (a) use(s) located in any land use district. In accordance with the Year 2010 Comprehensive Plan, a countywide Sanitary Wastewater Master Plan was developed and approved by the Board of County Commissioners (BOCC) in the year 2000. The Planning Department sponsored an amendment to the Land Development Regulations to facilitate implementation of the plan. Comments at public hearings on the proposed amendment resulted in the Board removing certain land use districts from the amendment. As a result, Commercial Fishing Special Districts were not included. Since that time, various conditions and assumptions have changed to the point where maximum flexibility in siting these facilities has resulted in the need to include this proposed amendment in Section 9.5-247 Commercial Fishing Special Districts. At the March 7,2002 public meeting of the Development Review Committee, the DRC voted to approve the amendment to the LDR text as presented. At the regular public meeting of the Momoe County Planning Commission on March 13, 2002, the Commission, after review of the DRC staff report and discussion, amended the proposed language of the text to require approval of the use as a major conditional use instead of the originally proposed requirement for approval as a minor conditional use. It was decided that a use as potentially significant as a wastewater treatment facility should be subject to the greatest level of public participation. PREVIOUS RELEVANT BOARD ACTION: The first of the two public hearings was held on 4/17/02. CONTRACT/AGREEMENT CHANGES: None STAFF RECOMMENDATIONS: Approval TOTAL COST: N/A BUDGETED: N/A COST TO COUNTY: None REVENUE PRODUCING: N/A AMOUNT PER MONTH_ Year APPROVED BY: County Atty 1L- . k Management _ N/ A_ DIVISION DIRECTOR APPROVAL: DOCUMENTATION: Included ~ To Follow_ Not Required_ DISPOSITION: AGENDA ITEM # v& Revised 2/27/01 PROPOSED AMENDMENT TO LAND DEVELOPMENT REGULATIONS Board of County Commissioners Key Largo, Florida May 15, 2002 PROPOSED AMENDMENT TO LAND DEVELOPMENT REGULATIONS, SECTION 9.5-247 COMMERCIAL FISHING SPECIAL DISTRICTS Proposed Amendment to Section 9.5-247 Commercial Fishing Special Districts of the Land Development Regulations to permit public wastewater treatment facilities as a major conditional use. LOR Text Amendment Recommendations Staff Approva I February 12, 2002 Staff Report DRC Approval March 7, 2002 Resolution # 004-02 PC Approval March 13, 2002 Resolution # P18-02 (As Amended) BOCC April 17, 2002 First Public Hearing ORDINANCE NO. -2002 AN ORDINANCE AMENDING SECTION 9.5-247, MONROE COUNTY CODE; PROVIDING FOR WASTEWATER TREATMENT FACILITIES IN COMMERCIAL FISHING SPECIAL DISTRICTS; PROVIDING FOR THE SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR THE INCORPORATION INTO THE MONROE COUNTY CODE; DIRECTING THE CLERK OF THE BOARD TO FORWARD A CERTIFIED COPY OF THIS ORDINANCE TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Section 9.5-511 (d)(5)b of the Monroe County Code identifies six criteria for amending the land development regulations of which at least one must be met; and WHEREAS, wastewater treatment facilities have become a critical issue for the Florida Keys; and WHEREAS, The maximum flexibility for the location of these facilities is of utmost importance to Monroe County; and WHEREAS, the ability to construct wastewater treatment facilities that can serve multiple users will provide additional benefits to the community; and WHEREAS, the proposed amendment provides regulations that will integrate the proposed facilities with the existing community and screen the required structures from the adjacent parcels of land; and WHEREAS, item (v), New Issues, of Section 9.5-511 further supports this text amendment; and WHEREAS, The proposed text amendment is consistent with the Monroe County Year 2010 Comprehensive Plan; and WHEREAS, the proposed amendment supports implementation of several policies in the Comprehensive Plan; and WHEREAS, Goal 901 of the Year 2010 Comprehensive Plan addresses the Sanitary Sewer element of the plan; and Page 1 of 4 W:\Planning\Working Folders\Gross-Fred\CFSO LOR Amendment\BOCC ORO .doc WHEREAS, based on the Monroe County Code, staff finds that the proposed text amendment is consistent with Section 9.5-511 of the Monroe County Code; and WHEREAS, based on the Monroe County Year 2010 Comprehensive Plan, staff finds that the proposed text amendment is consistent with and furthers the goals of the Plan; and WHEREAS, the Monroe County Board of County Commissioners examined the proposed amendment to the Monroe County Code submitted by the Monroe County Planning Department; and WHEREAS, the Monroe County Board of County Commissioners held the first of two required public hearings on April 17, 2002; and WHEREAS, the Monroe County Board of County Commissioners hereby supports the decision of the Monroe County Planning Commission and the staff of the Monroe County Planning Department; and WHEREAS, it is the desire of the Monroe County Board of County Commissioners that the following amendment to the County Code be approved, adopted and transmitted to the state land-planning agency for approval. NOW THEREFORE; BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT Section 1. Chapter 9.5, Article VII Division 2, Monroe County Code, is hereby amended to include the following: Sec. 9.5-247 Commercial Fishing Special District. (v) The following uses are permitted as major conditional uses in all Commercial Fishing Special Districts, subject to the standards and procedures set forth in article III, division 3: (1) Wastewater treatment facilities and wastewater treatment collection system ( s) serving (a) use( s) located in any land use district provided that: a. The wastewater treatment facility and wastewater treatment collection system(s) is (are) in compliance with all federal, state, and local requirements; and b. The wastewater treatment facility, wastewater treatment collection system(s) and accessory uses shall be screened by Page 2 of 4 W:\Planning\Working Folders\Gross-Fred\CFSO LOR Amendment\BOCC ORO .doc Section 2. Section 3. Section 4. Section 5. Section 6. structure(s) designed to be architecturally consistent with the character of the surrounding community and minimize the impact of any outdoor storage, temporary or permanent; and c. In addition to any district boundary buffers set forth in article VII, division 10, a planting bed, eight (8) feet in width, to be measured perpendicular to the exterior of the screening structure shall be established with the following: 1. One native canopy tree for every twenty-five (25) linear feet of screening structure; and one understory tree for every ten (10) linear feet of screening structure; and 2. The required trees shall be evenly distributed throughout the planting bed; and 3. The planting bed shall be installed as set forth in article VII, division 10 and maintained in perpetuity; and 4. A solid fence may be required upon determination by the Planning Director If any section, subsection, sentence, clause, item, change, or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such validity. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. The provisions of this ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code. This ordinance shall be filed in the Office of the Secretary of State of Florida, but shall not become effective until a notice is issued by the Department of Community Affairs or Administrative Commission approving the ordinance. This ordinance shall be transmitted by the Planning Department to the Department of Community Affairs to determine the consistency of this ordinance with the Florida Statutes. Page 3 of 4 W:\Planning\Working Folders\Gross-Fred\CFSO LOR Amendment\BOCC ORO .doc PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the day of A.D., 2002. Mayor Charles "Sonny" McCoy Mayor Pro Tern Dixie Spehar Commissioner Murray Nelson Commissioner George Neugent Commissioner Nora Williams BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY Mayor Charles "Sonny" McCoy (SEAL) APPROVED t ,'" """" rop.M::: ATTEST: DANNY KOHLAGE, CLERK DEPUTY CLERK Page 4 of 4 W:\Planning\Working Folders\Gross-Fred\CFSO LOR Amendment\BOCC ORO .doc MEMORANDUM TO: The Board of County Commissioners FROM: Fred Gross, Director of Lower Keys Planning Team DATE: April 19, 2002 RE: Proposed Amendment to Section 9.5-247 Commercial Fishing Special Districts of the land Development Regulations to permit public wastewater treatment facilities as a major conditional use. MEETING DATE: May 15, 2002 BACKGROUND: The Planning Department is proposing an amendment to Section 9.5-247 of the Monroe County Land Development Regulations. The amendment adds language to permit, as a minor conditional use, the construction of wastewater treatment facilities and wastewater treatment collection systems intended to serve uses in the same and/or other land use districts. The affected land use district is Commercial Fishing Special Districts. Currently, wastewater treatment facilities are accessory uses and must serve a principal use located on the same parcel of land and in the same land use district. The new amendment permits wastewater treatment facilities and wastewater treatment collection system(s) serving (a) use(s) located in any land use district. In accordance with the Year 2010 Comprehensive Plan, a countywide Sanitary Wastewater Master Plan was developed and approved by the Board of County Commissioners (BOCC) in the year 2000. The Planning Department sponsored an amendment to the Land Development Regulations to facilitate implementation of the plan. Comments at public hearings on the proposed amendment resulted in the Board removing certain land use districts from the amendment. As a result, Commercial Fishing Special Districts were not included. Since that time, various conditions and assumptions have changed to the point where maximum flexibility in siting these facilities has resulted in the need to include this proposed amendment in Section 9.5-247 Commercial Fishing Special Districts. At the March 7, 2002 Public Meeting of the Development Review Committee, the DRC voted to approve the amendment to the LOR text as presented. Page 1 of 4 W:\Planning\Working Folders\Gross-Fred\CFSO LOR Amendment\BOCC Staff Report.doc At the regular Public Meeting of the Monroe County Planning Commission on March 13, 2002, the Commission, after review of the DRC staff report and discussion, amended the proposed language of the text to require approval of the use as a major conditional use rather than the original proposed requirement for approval as a minor conditional use. It was decided that a use as potentially significant as a wastewater treatment facility should be subject to the greatest level of public participation. The Monroe County Board of County Commissioners held the first of two duly advertised public hearings on April 17, 2002. ANAL YSIS: County requirements for changes to the land development regulations: Article XI of Chapter 9.5 sets forth the requirements for amending the text of the land development regulations. Specifically, Section 9.5-511 (d)(5)b identifies six criteria for amending the land development regulations, one of which must be met. The proposed wastewater treatment facilities amendments are supported by Item (i) which refers to changed projections upon which the original text was based such as public service needs. Wastewater treatment facilities have become a critical issue for the Florida Keys. The maximum flexibility for the location of these facilities is of utmost importance to Monroe County. The ability to construct wastewater treatment facilities that can serve multiple users will provide additional benefits to the community. Furthermore, the proposed amendment provides regulations that will integrate the proposed facilities with the existing community and screen the required structures from the adjacent parcels of land. Item (v), New Issues, of Section 9.5-511 further supports this text amendment. The current Land Development Regulations were written in 1986. At that time, the authors did not address the issue of wastewater treatment facilities and the concept of regional, or public, wastewater treatment facilities was not incorporated. In the year 2000, amendments to permit these facilities in various land use districts were approved. Today the need to expand siting alternatives has become a reality. The proposed text amendments are consistent with the Monroe County Year 2010 Comprehensive Plan. The proposed amendments seek to support written implementation of several policies in the Comprehensive Plan. Goal 901 of the Year 2010 Comprehensive Plan addresses the Sanitary Sewer element of the plan. Goal 901 is as follows: "Monroe County shall provide for adequate, economically sound collection, treatment and disposal of sewage which meets the needs of present and future residents while Page 2 of 4 W:\Planning\Working Folders\Gross-Fred\CFSD LDR Amendment\BOCC Staff Report.doc ensuring the protection of public health, and the maintenance and protection of ground, nearshore, and offshore water quality." To accomplish this goal, Monroe County has put forth five major objectives and a total of 48 policies. Specifically, Objective 901.1 requires Monroe County to ensure that adequate sanitary wastewater treatment facilities are available to support any development concurrent with the impacts of such development. Furthermore, Policy 901.1.4 requires that all development permits for wastewater treatment facilities demonstrate compliance with applicable federal, state, and local permit regulations. The proposed amendment will facilitate meeting these Goals, Objectives and Policies by broadening the possible locations available to construct such facilities. PROPOSED REVISIONS: The proposed amendment to Section 9.5-247 of the Monroe County Land Development Regulations is as follows: Sec. 9.5-247 Commercial Fishing Special District. {v) The following uses are permitted as major conditional uses in all Commercial Fishing Special Districts, subject to the standards and procedures set forth in article III, division 3: (1) Wastewater treatment facilities and wastewater treatment collection system(s) serving (a) use(s) located in any land use district provided that: a. The wastewater treatment facility and wastewater treatment collection system(s) is (are) in compliance with all federal, state, and local requirements; and b. The wastewater treatment facility, wastewater treatment collection system(s) and accessory uses shall be screened by structure(s) designed to be architecturally consistent with the character of the surrounding community and minimize the impact of any outdoor storage, temporary or permanent; and c. In addition to any district boundary buffers set forth in article VII, division 10, a planting bed, eight (8) feet in width, to be measured perpendicular to the exterior of the screening structure shall be established with the following: Page 3 of 4 W:\Planning\Working Folders\Gross-Fred\CFSO LOR Amendment\BOCC Staff Report.doc 1. One native canopy tree for every twenty-five (25) linear feet of screening structure and one understory tree for every ten (10) linear feet of screening structure; and 2. The required trees shall be evenly distributed throughout the planting bed; and 3. The planting bed shall be installed as set forth in article VII, division 10 and maintained in perpetuity; and 4. A solid fence may be required upon determination by the Planning Director IV. FINDINGS: Based on the Monroe County Code, staff finds that the proposed text amendment is consistent with Section 9.5-511 of the Monroe County Code. Based on the Monroe County Year 2010 Comprehensive Plan, staff finds that the proposed text amendment is consistent with and furthers the goals of the Plan. RECOMMENDATION: The Planning Commission recommends APPROVAL to the Monroe County Board of County Commissioners of the proposed text amendment to Sections 9.5-247 of the Monroe County of the Land Development Regulations. Page 4 of 4 W:\Planning\Working Folders\Gross-Fred\CFSD LDR Amendment\BOCC Staff Report.doc MONROE COUNTY, FLORIDA PLANNING COMMISSION RESOLUTION #P18-02 A RESOLUTION BY THE MONROE COUNTY PLANNING COMMISSION RECOMMENDING APPROVAL TO THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS OF THE REQUEST FILED BY THE MONROE COUNTY PLANNING DEPARTMENT TO AMEND THE MONROE COUNTY LAND DEVELOPMENT REGULATIONS BY AMENDING THE TEXT OF SECTION 9.5-247 (COMMERCIAL FISHING SPECIAL DISTRICTS) TO PERMIT PUBLIC WASTEWATER TREATMENT FACILITIES AS A MAJOR CONDITIONAL USE. WHEREAS, Article XI of Chapter 9.5 sets forth the requirements for amending the text of the land development regulations. Specifically, Section 9.5- 511 (d)(5)b identifies six criteria for amending the land development regulations, one of which must be met; and WHEREAS, wastewater treatment facilities have become a critical issue for the Florida Keys; and WHEREAS, The maximum flexibility for the location of these facilities is of utmost importance to Monroe County; and WHEREAS, the ability to construct wastewater treatment facilities that can serve multiple users will provide additional benefits to the community; and WHEREAS, the proposed amendment provides regulations that will integrate the proposed facilities with the existing community and screen the required structures from the adjacent parcels of land; and WHEREAS, item (v), New Issues, of Section 9.5-511 further supports this text amendment. WHEREAS, The proposed text amendment is consistent with the Monroe County Year 2010 Comprehensive Plan. WHEREAS, the proposed amendment supports implementation of several policies in the Comprehensive Plan; and WHEREAS, Goal 901 of the Year 2010 Comprehensive Plan addresses the Sanitary Sewer element of the plan; and Page 1 of 3 W:\Planning\Working Folders\Gross-Fred\CFSD LDR Amendment\PC Reso.doc Initial_ WHEREAS, based on the Monroe County Code, staff finds that the proposed text amendment is consistent with Section 9.5-511 of the Monroe County Code; and WHEREAS, based on the Monroe County Year 2010 Comprehensive Plan, staff finds that the proposed text amendment is consistent with and furthers the goals of the Plan; NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF MONROE COUNTY, FLORIDA, that the preceding findings of fact support their decision to recommend APPROVAL to the Monroe County Board of County Commissioners of the following amendment to the text of the Monroe County Land Development Regulations as requested by the Monroe County Planning Department: Sec. 9.5-247 Commercial Fishing Special District. (v) The following uses are permitted as major conditional uses in all Commercial Fishing Special Districts, subject to the standards and procedures set forth in article III, division 3: (1) Wastewater treatment facilities and wastewater treatment collection system(s) serving (a) use(s) located in any land use district provided that: The wastewater treatment facility and wastewater treatment collection system(s) is (are) in compliance with all federal, state, and local requirements; and The wastewater treatment facility, wastewater treatment collection system(s); and accessory uses shall be screened by structure(s) designed to: Be architecturally consistent with the character of the surrounding community; and Minimize the impact of any outdoor storage, temporary or permanent; and (2) In addition to any district boundary buffers set forth in article VII, division 10, a planting bed, eight (8) feet in width, to be measured perpendicular to the exterior of the screening structure shall be established with the following: 0) One native canopy tree for every twenty-five (25) linear feet of screening structure; and (ii) One understory tree for every ten (10) linear feet of screening structure; and The required trees shall be evenly distributed throughout the planting bed; and The planting bed shall be installed as set forth in article VII, division 10 and maintained in perpetuity; and Page 2 of 3 W:\Planning\Working Folders\Gross-Fred\CFSO LOR Amendment 9.5-247\PC Reso.doc Initial Wi) A solid fence may be reauired upon determination bv the PlanninQ Director PASSED AND ADOPTED By the Planning Commission of Monroe County, Florida at a regular meeting held on the 13th day of March, 2002. David C. Ritz, Chair Vice Chair Denise Werling Commissioner Jerry Coleman Commissioner Alicia Putney YES YES YES YES PLANNING COMMISSION OF MONROE COUNTY, FLORIDA By David C. Ritz, Chair Signed this day of March, 2002 Page 3 of 3 W:\Planning\Working Folders\Gross-Fred\CFSO LOR Amendment\PC Reso.doc Initial MONROE COUNTY, FLORIDA DEVELOPMENT REVIEW COMMITTEE RESOLUTION #004-02 A RESOLUTION BY THE MONROE COUNTY DEVELOPMENT REVIEW COMMITTEE RECOMMENDING APPROVAL TO THE MONROE COUNTY PLANNING COMMISSION OF THE REQUEST FILED BY THE MONROE COUNTY PLANNING DEPARTMENT TO AMEND THE MONROE COUNTY LAND DEVELOPMENT REGULATIONS BY AMENDING THE TEXT OF SECTION 9.5-247 (COMMERCIAL FISHING SPECIAL DISTRICTS) TO PERMIT PUBLIC WASTEWATER TREATMENT FACILITIES AS A MINOR CONDITIONAL USE. WHEREAS, Article XI of Chapter 9.5 sets forth the requirements for amending the text of the land development regulations. Specifically, Section 9.5- 511 (d)(5)b identifies six criteria for amending the land development regulations, one of which must be met; and WHEREAS, wastewater treatment facilities have become a critical issue for the Florida Keys; and WHEREAS, The maximum flexibility for the location of these facilities is of utmost importance to Monroe County; and WHEREAS, the ability to construct wastewater treatment facilities that can serve multiple users will provide additional benefits to the community; and WHEREAS, the proposed amendment provides regulations that will integrate the proposed facilities with the existing community and screen the required structures from the adjacent parcels of land; and WHEREAS, item (v), New Issues, of Section 9.5-511 further supports this text amendment. WHEREAS, The proposed text amendment is consistent with the Monroe County Year 2010 Comprehensive Plan WHEREAS, the proposed amendment supports implementation of several policies in the Comprehensive Plan; and WHEREAS, Goal 901 of the Year 2010 Comprehensive Plan addresses the Sanitary Sewer element of the plan; and Page 1 of 3 W:\Planning\Working Folders\Gross-Fred\CFSD LDR Amendment\DRC Reso.doc WHEREAS, based on the Monroe County Code, staff finds that the proposed text amendment is consistent with Section 9.5-511 of the Monroe County Code; and WHEREAS, based on the Monroe County Year 2010 Comprehensive Plan, staff finds that the proposed text amendment is consistent with and furthers the goals of the Plan; NOW THEREFORE, BE IT RESOLVED BY THE DEVELOPMENT REVIEW COMMITTEE OF MONROE COUNTY, FLORIDA, that the preceding findings of fact support their decision to recommend APPROVAL to the Monroe County Planning Commission of the following amendment to the text of the Monroe County Land Development Regulations as requested by the Monroe County Planning Department: Sec. 9.5-247 Commercial Fishing Special District. (v) The followino uses are permitted as minor conditional uses in all Commercial FishinQ Special Districts, subiect to the standards and procedures set forth in article III. division 3: (1) Wastewater treatment facilities and wastewater treatment collection system(s) servinQ (a) use(s) located in any land use district provided that: The wastewater treatment facility and wastewater treatment collection system(s) is (are) in compliance with all federal, state. and local reQuirements: and The wastewater treatment facility. wastewater treatment collection system(s): and accessory uses shall be screened by structure(s) desioned to: Be architecturally consistent with the character of the surroundinQ community: and Minimize the impact of any outdoor storaQe. temporary or permanent: and (2) In addition to any district boundary buffers set forth in article VII. division 10. a plantino bed. eioht (8) feet in width. to be measured perpendicular to the exterior of the screenino structure shall be established with the followino: (i) One native canopy tree for every twenty-five (25) linear feet of screenino structure: and (ij) One understory tree for every ten (10) linear feet of screenino structure: and The reQuired trees shall be evenly distributed throuohout the plantino bed: and The plantino bed shall be installed as set forth in article VII. division 10 and maintained in perpetuity: and Page 2 of 3 W:\Planning\Working Folders\Gross-Fred\CFSO LOR Amendment\ORC Reso.doc Initial Wi) A solid fence may be reauired upon determination bv the PlanninQ Director PASSED AND ADOPTED By the Development Review Committee of Monroe County, Florida at a regular meeting held on the 7th day of March, 2002. Fred Gross, Director, LowerKeys Planning Team (Chair) Ralph Gouldy, Environmental Resources Senior Administrator Department of Health (by fax) Department of Public Works (by fax) Department of Engineering (by fax) YES YES YES YES YES DEVELOPMENT REVIEW COMMITTEE OF MONROE COUNTY, FLORIDA By Fred Gross, OCR Chair Signed this day of March, 2002 Page 3 of 3 W:\Planning\Working Folders\Gross-Fred\CFSO LOR Amendment\ORC Reso.doc Initial